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People v. Acosta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 31, 2018
165 A.D.3d 1277 (N.Y. App. Div. 2018)

Opinion

2016–06594 Ind. No. 4949/14

10-31-2018

The PEOPLE, etc., Respondent, v. Denise ACOSTA, Appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.

REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Dineen Ann Riviezzo, J.), rendered April 21, 2016, convicting her of assault in the third degree, upon her plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, and upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id. ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676 ; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399 ; cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987 ).

RIVERA, J.P., SGROI, HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Acosta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 31, 2018
165 A.D.3d 1277 (N.Y. App. Div. 2018)
Case details for

People v. Acosta

Case Details

Full title:The People of the State of New York, respondent, v. Denise Acosta…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 31, 2018

Citations

165 A.D.3d 1277 (N.Y. App. Div. 2018)
165 A.D.3d 1277
2018 N.Y. Slip Op. 7320